Simple will
NOTE: This basic will form is appropriate for a testator with a small, nontaxable estate
who desires to leave the entire estate to an adult beneficiary or beneficiaries (e.g., the
testator's adult children).
LAST WILL AND TESTAMENT OF _________________________________
STATE OF GEORGIA
COUNTY OF _______________________________
I, _____________________________ , a domiciliary of _____________________
County, Georgia, being of sound mind, do make, declare and publish this as my last will and
testament, hereby revoking all other wills and codicils made by me.
Item I
At the time of the execution of this my Last Will and Testament, I am
__________________(married/single) and( have/do not) have adult living children. My
spouse’s name is ______________________________________ and all references to my spouse
shall refer to him/her. My children’s names are
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
This Last Will and Testament is made in contemplation of any future children I may have and all
references to my children shall so include after born children.
Item II
I direct my Executor, as soon as feasible, to pay out of the residue of my estate all of my
debts, including any charitable pledges, whether or not enforceable; the expenses of my last
illness, funeral and burial; any debts and claims duly allowed against my estate; the expenses of
administration of my estate; and any taxes assessed or imposed with respect to my estate or any
part thereof, whether or not passing under this will.
Item III
I hereby give, devise and bequeath to the following persons, all of the rest, residue and
remainder of my estate, whether real, personal or mixed, tangible or intangible, and wherever
situate, and including without limitation all property the subject of any lapsed bequests or
devises hereunder and all property, in trust or otherwise, over which I have any power of
disposition by my will as his/her/their sole and absolute property to the following if named
individual survives me, share and share alike:
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
____________________________________________________________
If one of my named beneficiaries does not survive me,
_______I give all my tangible personal property in equal shares, as determined by my Executor,
to the survivor of that beneficiary and his/her children who are living at the date of my death, OR
_______I give the deceased beneficiary’s share to the remaining beneficiar(ies), share and share
alike.
Item IV
I constitute and appoint ____________________________ as Executor of this will, and
should he/she predecease me, decline to act, or for any reason cease to act after qualification, I
constitute and appoint ____________________________________ as Executor thereof.
Item V
I relieve my Executor from giving bond, making an inventory or appraisal of my estate, and
from making returns of acts and doings to any court or beneficiary. In the administration of my
estate, my Executor shall have the authority, without order or report to any court, to exercise all
the powers set forth in O.C.G.A. §53-12-261, which Code section is hereby incorporated into
this instrument by reference.
IN WITNESS WHEREOF, I hereunto set my name and affix my seal to this my LAST WILL
AND TESTAMENT this ________ day of _________________________ , ______ .
________________________________________________ (SEAL)
________________________,TESTATOR
ATTESTATION CLAUSE
The above and foregoing instrument was on the day and year above set forth and in the
presence of each of us, the undersigned witnesses, acknowledged by _____________________
and ________________________________ as Testator’s LAST WILL AND TESTAMENT,
and said instrument was on said date and in our presence voluntarily signed and acknowledged
by ____________________________ , the Testator, who appeared at that time to be of sound
mind, and we, the undersigned in the presence of _____________________________, the
Testator and at Testator’s request, and in the presence of each other, have hereunto subscribed
our names as witnesses this ________ day of ______________________ , ________ .
WITNESSES
_____________________________________
_____________________________________
ADDRESSES
____________________________________
____________________________________
STATE OF GEORGIA
COUNTY OF ________
Before me, the undersigned authority, on this day personally appeared ________ ,
________ , and ________ , known to me to be the testator and the witnesses, respectively,
whose names are subscribed to the annexed or foregoing instrument in their respective
capacities, and all of said individuals being by me duly sworn, ________ , testator, declared to
me and to the witnesses in my presence that said instrument is the last will and testament of
the testator and that the testator had willingly made and executed it as a free act and deed for
the purposes expressed therein. The witnesses, each on oath, stated to me in the presence and
hearing of the testator that the testator had declared to them that the instrument is the testator's
last will and testament and that the testator executed the instrument as such and wished each
of them to sign it as a witness; and under oath each witness stated further that the witness had
signed the same as witness in the presence of the testator and at the testator's request; that the
testator was 14 years of age or over and of sound mind; and that each of the witnesses was
then at least 14 years of age.
____________________________________
Testator
___________________________________
Witness
___________________________________
Witness
Sworn to and subscribed before me by _____________________ , testator, and sworn to and
subscribed before me by ____________________________ and ________________________ ,
witnesses, this ________ day of _____________________ , ________ .
(SEAL)
(Signed)________________________________
(Notary)